Jail Sex Assault FederalComplaint

Case: 4:14-cv-01928-RLW Doc.
#: 1 Filed: 11/14/14 Page: 1 of 12 PageID #: 20
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
J.W.,
Plaintiff,
v.
CITY OF FERGUSON,
JARIS HAYDEN,
Defendants.
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No.:
PLAINTIFF DEMANDS
JURY TRIAL
COMPLAINT - CIVIL RIGHTS 42 U.S.C. 1983, SUBSTANTIVE DUE PROCESS

Comes now J.W., by counsel W. Bevis Schock and Hugh A. Eastwood, and states for her
Complaint:
INTRODUCTION, NOT PART OF COMPLAINT
A City of Ferguson police officer stopped J.W. for an expired vehicle license plate. J.W.
gave a false name. The officer arrested her and took her to the Ferguson jail. Defendant Jaris
Hayden is a Ferguson Corrections Officer. Hayden forced J.W. to give him oral sex and Hayden
then raped J.W.
Ferguson law enforcement has engaged in a pattern of violence against the citizenry, and
supervisors have failed to properly supervise officers.
Under 42 U.S.C. 1983 and 1988 J.W. seeks compensatory damages, punitive damages,
attorneys fees, and costs, all for violation of her right to substantive due process.
PRELIMINARY ALLEGATIONS
Parties
1.
Plaintiff J.W. is an individual residing in the City of St. Louis, Missouri.
Case: 4:14-cv-01928-RLW Doc. #: 1 Filed: 11/14/14 Page: 2 of 12 PageID #: 21
2.
Defendant City of Ferguson is a properly formed municipality in St. Louis County,

Missouri.
3.
Defendant Jaris Hayden was at all relevant times a Corrections Officer for the City of
Ferguson, Missouri.
4.
J.W. sues Hayden in his individual capacity only.

Jurisdiction
5.
J.W. brings this action pursuant to 42 U.S.C. 1983 and 42 U.S.C. 1988 and the
Fourteenth Amendment to the United States Constitution.
6.
The court has jurisdiction pursuant to 28 U.S.C. 1343 and 28 U.S.C. 1331.
Venue
7.
The events complained of occurred in the Eastern District of Missouri, in the Eastern
Division.
Color of State Law
8.
At all relevant times Hayden was acting under color of state law. Particularly, at all
relevant times Hayden acted under color of the laws, statutes, ordinances, regulations,
policies, customs and usages of the State of Missouri, and its political subdivisions.
Jury Demand
9.
J.W. demands a jury trial.

FACTS
10.
On or about October 9, 2013 J.W. was driving her car in the City of Ferguson.
11.
J.W. had an expired license plate.
12.
A City of Ferguson police officer stopped J.W. for the expired plate.
13.
During the stop J.W. admittedly gave the officer a false name.
14.
The officer determined the name was false and placed J.W. under arrest.
15.
The officer transported J.W. to the City of Ferguson jail.
16.
The officer wrote tickets against J.W. for:

a.
Driving on Expired Plates, and
b.
Making a False Affidavit, (that is, giving a false name).
17.
Hayden, began booking J.W. by taking finger prints and mug shots.
18.
J.W. heard Hayden say softly: You smell good.
19.
Hayden softly said to J.W. words to the effect of: This will teach you a lesson.
20.
J.W. had met never Hayden before.
21.
J.W. was dressed in her work clothes, that is, nursing scrubs.
22.
J.W. was put in a cell.
23.
After initially telling J.W. her bond would be $300.00 Hayden then told J.W. her bond
would be $200.00.
24.
Hayden also told J.W. that she had traffic warrants in other jurisdictions.
25.
Hayden kept walking by J.W. cell and talking to her.
26.
J.W. was distraught and said words to the effect of:
27.
28.
a.
Let me go,
b.
I havent done anything wrong, and
c.
I just dont have money to get my plates.
Hayden said words to the effect of:

a.
Be quiet, and
b.
Others will hear.
J.W. sensed that Hayden was acting in a sexually provocative manner toward her.
29.
J.W. did not respond to Haydens sexually provocative actions.
30.
J.W. told Hayden that she was several months pregnant.
31.
J.W. pregnancy was showing.
32.
J.W. was having pain and discharges.
33.
J.W. told Hayden she was having pain and discharges.
34.
Hayden checked with a superior and called an ambulance.
35.
An ambulance came and emergency medical technicians checked J.W. vital signs.
36.
The EMTs told Hayden in J.W. presence that it was up to Hayden to decide whether he
would release J.W. to their custody.
37.
Hayden did not indicate a decision in J.W. presence.
38.
Hayden and the EMTs left the room.
39.
J.W. never saw the EMTs again.
40.
J.W.s boyfriend posted J.W.s bond on the newly issued Ferguson charges.
41.
Hayden then removed J.W. from her cell and had J.W. sign various papers.
42.
Hayden began to make remarks with words to the effect of: Youre the type of girl that
can get me in trouble.
43.
J.W. was crying.
44.
J.W. kept asking to go home.
45.
J.W. said: I will do anything to go home.
46.
By that remark J.W. did not intend to deliver the message that she would have sex with
Hayden in exchange for release. The remark was in the nature of a rhetorical statement
while in an emotional state of extreme distress.
47.
Hayden stated several times to J.W. that she had traffic warrants for other municipalities.
48.
J.W. was in great fear.
49.
Hayden was in a position of complete power over J.W.
50.
Hayden said Follow-me, and took her down various hallways.
51.
Hayden took J.W. into a boiler room in the City of Ferguson jail.
52.
Hayden then unbuttoned his pants, removed his penis from his pants.
53.
Hayden either:
a.
Said words to the effect of : You gonna suck my dick and/or
b.
Motioned for J.W. to give him oral sex.
54.
Because she was afraid, J.W. did not resist.
55.
J.W. began to perform oral sex on Hayden.
56.
J.W. captured some of Haydens pubic hairs in her hand.
57.
Hayden did not ejaculate.
58.
Hayden then had J.W. stop.
59.
Hayden then took J.W. further back into the boiler room.
60.
Hayden then had J.W. bend over and he indicated that he was going to have intercourse
with her.
61.
Because she was afraid, J.W. did not resist.
62.
Hayden then had vaginal intercourse with J.W.

(collectively, the incident).
63.
Hayden ejaculated in his hand.
64.
Hayden then released J.W. from jail custody via a side door to the building.
65.
Hayden stated to J.W. words to the effect of: Tell anyone who asks that Wellston picked
you up.
66.
Hayden told J.W. words to the effect of: Run and stay close to the building.
67.
On information and belief Hayden told J.W. to stay close to the building so that she
would not appear on security cameras.
68.
On information and belief Hayden never informed any of the municipalities that had
warrants for J.W. that she was in custody.
69.
Immediately after the rape J.W. went to a Subway restaurant across the street and
retained a bag to hold the captured pubic hair.
70.
After the incident J.W. sister took her to the Emergency Room.
71.
Authorities responded to the Emergency Room.
72.
DNA analysis has confirmed that the pubic hair is from Hayden.
73.
Hayden has been indicted for his conduct as outlined herein, and faces charges in St.
Louis County in 14SL-CR09359 for:
a.
Acceding to Corruption by a Public Servant, RSMo. 576.020,
b.
Sexual Contact with a Prisoner of offender by Jail Employee, RSMo. 566.145, (2)
and
c.
Permitting Escape, RSMo. 575.240.

No Capacity to Consent
74.
At the relevant time J.W. was an inmate in the jail and therefore had no lawful capacity to
consent to sexual contact with Hayden, a person whom she had never met.1
75.
In the alternative the sex was offered in exchange for release from custody, and therefore
any purported consent was not lawful, and so the sexual contact was not consensual.
Heggenmiller v. Edna Mahan Corr. Inst. for Women, 128 F. App'x 240, 249 (3d Cir. 2005),
and see Cotton-Schrichte v. Peate, 07-4052-CV-C-MJW, 2011 WL 2516923 (W.D. Mo. June
23, 2011).
Other Acts of Violence

76.
Law enforcement Officers of the City of Ferguson have been involved in many other acts
of violence including the shooting of Michael Brown on August 9, 2014.
77.
On information and belief discovery will produce other acts of violence, all contributing
to a pattern and practice of allowing violence and sexual assault on members of the
public.
78.
The numerous acts of violence against the citizenry by law enforcement of the City of
Ferguson constitute a pattern.
DAMAGES
79.
During the incident and since the incident J.W. suffered and has suffered:
a.
Humiliation,
b.
Indignity,
c.
Disgrace,
d.
Stress,
e.
Fear,
f.
Mental suffering,
g.
Anxiety over sex, and
h.
Fear of police.
80.
During the rape J.W. suffered pain.
81.
During the incident J.W. suffered psychological injuries.
82.
J.W. incurred medical bills in an amount unknown at the time of this filing but which will
be known by the time of trial.
83.
On information and belief J.W. medical bills have been paid by a government program
giving insurance to pregnant women.
CAUSATION
84.
The conduct of Hayden and the City of Ferguson proximately caused Plaintiffs damages.
ATTORNEYS FEES AND COSTS
85.
In pursuit of her claim J.W. is incurring reasonable attorneys fees, taxable costs, and
non-taxable costs.
_____
COUNT I
VIOLATION OF CIVIL RIGHTS, 42 U.S.C. 1983
FOURTEENTH AMENDMENT - SUBSTANTIVE DUE PROCESS
86.
J.W. incorporates all prior paragraphs.
87.
At the time of the incident J.W. was a pre-trial detainee.
88.
The Fourteenth Amendment's Due Process Clause grants to pretrial detainees rights that
are at least as great as the Eighth Amendment protections available to a convicted
prisoner.2
89.
The substantive due process clause of the Fourteenth Amendment to the United States
Constitution protects individuals from violations of their bodily integrity at the hands
of government officials.3
90.
Sexual abuse of an inmate by a corrections officer can never serve a legitimate

penological purpose and may well result in severe physical and psychological harm.4
91.
In having sexual contact with J.W. Hayden was deliberately indifferent to J.W. rights.5
City of Revere v. Mass Gen. Hosp., 463 U.S. 239, 244 (1983).
Washington v. Glucksberg, 521 U.S. 702, 720 (1997)
4
Freitas v. Ault, 109 F.3d 1335, 1338 (8th Cir. 1997)
3
92.
Haydens sexual misconduct in the incident was so egregious and so outrageous that it
may fairly be said to shock the contemporary conscience.6
93.
Hayden violated J.W. constitutional right to substantive due process.
94.
As a direct result of Haydens conduct during the incident, J.W. suffered the damages
outlined above.
No Qualified Immunity - Law Well Established
95.
It has long been well established in the law that a Corrections Officer violates an inmates
constitutional right to substantive due process by having non-consensual sexual contact
with her, particularly where he uses his authority as a law enforcement officer to obtain
power and control over the victim.7
96.
At the time of the incident any reasonable Corrections Officer would have known that
non-consensual sex with an inmate would violate the constitution.8
Punitive Damages
97.
The conduct of Hayden was malicious or recklessly indifferent to J.W. rights.9
98.
J.W. is entitled to awards of punitive damages against Hayden on her claim, in order to
punish Hayden and to deter others.
COUNT II
MONELL
99.
J.W. incorporates all prior paragraphs.
Butler v. Fletcher, 465 F.3d 340, 345 (8th Cir.2006).

Cavataio v. City of Bella Villa, 570 F.3d 1015, 1022 (8th Cir. 2009), Rogers v. City of Little
Rock, 152 F.3d 790 (8th Cir.1998), Haberthur v. City of Raymore, 119 F.3d 720 (8th
Cir.1997), and see Coker v. Georgia, 433 U.S. 584, 597 (1977), cited in Walton v. Dawson, 124000, 2014 WL 2053835 (8th Cir. May 20, 2014), Short of homicide, [rape] is the ultimate
violation of self.
7
Rogers v. City of Little Rock, 152 F.3d 790, 797 (8th Cir.1998)
8
Freitas v. Ault, 109 F.3d 1335, 1338 (8th Cir. 1997).
9
Eighth Circuit Model Jury Instructions, 4.50C.
6
Custom and Practice of Tolerating Violence and Constitutional Violations

100.
The conduct of City of Ferguson law enforcement in engaging in repeated acts of

violence and constitutional violations against the citizenry constitutes a pattern.
101.
The City has taken inadequate steps or no steps at all to control the violent acts of its law
enforcement personnel.
102.
The damages sustained by Plaintiff were caused by the acquiescence of policy making
municipal officials in this pattern of unconstitutional conduct by law enforcement
personnel of the City.10
103.
The pattern of misconduct is so widespread the constructive knowledge by supervisors

and policy makers may be inferred.11
104.
On information and belief the City failed to have a system in place such that supervisors
would monitor jailors to assure that jailors would always call other jurisdictions where
subjects had warrants, to prevent the jailors from using the threat of such calls from being
used as a bargaining chip for sexual or other favors, and that systemic failure caused the
constitutional violation.
105.
Acts of excessive force and acts of sexual assault are essentially the same for purposes of
analysis of a pattern of behavior.
Negligent Hiring, Failure to Supervise
106.
In the alternative the City failed to adequately scrutinize Haydens background before
hiring him, or it would have been a plainly obvious consequence of the decision to hire
that this constitutional violation would occur.12
Ware v Jackson, 150 F.3d. 873, 886 (8th Cir. 1996), Parrish v. Luckie, 963 F.3d. 201 (8th
Cir. 1992).
11
City of Canton v. Harris, 489 U.S.378 (1989).
10
10
107.
In the alternative the City of Ferguson failed to sufficiently supervise Hayden regarding
his duties so that he would not be able to engage in the misconduct which occurred here,
and the circumstances and lack of supervision was sufficient to give supervisors notice
that the constitutional violation would occur.13
108.
Particularly, on information and belief the City failed to have a system in place such that
supervisors would monitor jailors to assure that jailors would always call other
jurisdictions where subjects had warrants, to prevent the jailors from using the threat of
such calls from being used as a bargaining chip for sexual or other favors.
Liability of Ferguson
109.
The City of Ferguson is therefore liable for the acts of Hayden.14

PRAYER
WHEREFORE, Plaintiff prays the court for judgment for compensatory damages and
punitive damages against Jaris Hayden in his individual capacity, compensatory damages against
the City of Ferguson, attorneys fees and costs against both Defendants, such other relief as the
court finds to be just, meet and reasonable.
Respectfully Submitted,
Co-Counsel for Plaintiff
/s/ W. Bevis Schock .
W. Bevis Schock, MBE # 32551
Attorney at Law
7777 Bonhomme Ave., Ste. 1300
St. Louis, MO 63105
wbschock@schocklaw.com
Fax: 314-721-1698
Voice: 314-726-2322
12
Board of County Commissioners of Bryan County, OK v. Brown, 520 U.S. 397, 411 (1997).
Andrews v. Fowler, 98 F.3d 1069, 1078 (8th Cir.1996)
14
Monell v. Dep't of Soc. Servs. of the City of New York, 436 U.S. 658 (1978)
13
11
/s/ Hugh A. Eastwood .

Hugh A. Eastwood, MBE # 62058
Attorney at Law
7777 Bonhomme Ave., Ste. 1603
St. Louis, MO 63105
heastwood@eastwoodlawstl.com
Fax: 314-727 4473
Voice: 314-809-2343
12

Jail Sex Assault FederalComplaint

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Case: 4:14-cv-01928-RLW Doc.

#: 1 Filed: 11/14/14 Page: 1 of 12 PageID #: 20

UNITED STATES DISTRICT COURT

COMPLAINT - CIVIL RIGHTS 42 U.S.C. 1983, SUBSTANTIVE DUE PROCESS

Plaintiff J.W. is an individual residing in the City of St. Louis, Missouri.

Case: 4:14-cv-01928-RLW Doc. #: 1 Filed: 11/14/14 Page: 2 of 12 PageID #: 21

Defendant City of Ferguson is a properly formed municipality in St. Louis County,

J.W. sues Hayden in his individual capacity only.

J.W. demands a jury trial.

J.W. had an expired license plate.

Case: 4:14-cv-01928-RLW Doc. #: 1 Filed: 11/14/14 Page: 3 of 12 PageID #: 22

The officer transported J.W. to the City of Ferguson jail.

The officer wrote tickets against J.W. for:

Driving on Expired Plates, and

Making a False Affidavit, (that is, giving a false name).

J.W. heard Hayden say softly: You smell good.

J.W. had met never Hayden before.

J.W. was put in a cell.

Hayden kept walking by J.W. cell and talking to her.

J.W. was distraught and said words to the effect of:

I havent done anything wrong, and

I just dont have money to get my plates.

Hayden said words to the effect of:

Others will hear.

Case: 4:14-cv-01928-RLW Doc. #: 1 Filed: 11/14/14 Page: 4 of 12 PageID #: 23

J.W. did not respond to Haydens sexually provocative actions.

J.W. told Hayden that she was several months pregnant.

J.W. pregnancy was showing.

J.W. was having pain and discharges.

J.W. told Hayden she was having pain and discharges.

Hayden checked with a superior and called an ambulance.

Hayden did not indicate a decision in J.W. presence.

Hayden and the EMTs left the room.

J.W. never saw the EMTs again.

J.W. was crying.

J.W. kept asking to go home.

J.W. said: I will do anything to go home.

Case: 4:14-cv-01928-RLW Doc. #: 1 Filed: 11/14/14 Page: 5 of 12 PageID #: 24

J.W. was in great fear.

Hayden was in a position of complete power over J.W.

Hayden said Follow-me, and took her down various hallways.

Said words to the effect of : You gonna suck my dick and/or

Motioned for J.W. to give him oral sex.

Because she was afraid, J.W. did not resist.

J.W. began to perform oral sex on Hayden.

J.W. captured some of Haydens pubic hairs in her hand.

Hayden did not ejaculate.

Hayden then had J.W. stop.

Because she was afraid, J.W. did not resist.

Hayden then had vaginal intercourse with J.W.

Hayden ejaculated in his hand.

Case: 4:14-cv-01928-RLW Doc. #: 1 Filed: 11/14/14 Page: 6 of 12 PageID #: 25

Authorities responded to the Emergency Room.

Acceding to Corruption by a Public Servant, RSMo. 576.020,

Permitting Escape, RSMo. 575.240.

Case: 4:14-cv-01928-RLW Doc. #: 1 Filed: 11/14/14 Page: 7 of 12 PageID #: 26

Other Acts of Violence

Anxiety over sex, and

During the rape J.W. suffered pain.

During the incident J.W. suffered psychological injuries.

Case: 4:14-cv-01928-RLW Doc. #: 1 Filed: 11/14/14 Page: 8 of 12 PageID #: 27

J.W. incorporates all prior paragraphs.

At the time of the incident J.W. was a pre-trial detainee.

Sexual abuse of an inmate by a corrections officer can never serve a legitimate